# Rape victim arrested, refused morning-after pill

**URL:** <https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261>\
**Category:** The BBQ Pit\
**Created:** [January 31, 2007, 1:53pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261 "2007-01-31T13:53:27Z")\
**Posts on this page:** 20\
**Page:** 5

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**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\
**Post date:** [February 1, 2007, 5:25pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/81 "2007-02-01T17:25:40Z")

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[QUOTE=Bricker]  
Educate me, then. I say that the moment a zygote exists – that is, the diploid cell formed immediately following the combination of the two haploid cells – conception has ocurred. That’s the moment of conception.  
[/QUOTE]  
Mommy said a stork brought me.

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**Author:** ![Sarahfeena](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sarahfeena/32/519_2.png) [@Sarahfeena](https://boards.straightdope.com/u/Sarahfeena)\
**Post date:** [February 1, 2007, 5:35pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/82 "2007-02-01T17:35:08Z")

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What disturbs me about this story more than the contraception issue is that the rape investigation appears to have been halted, in order to lock this woman up for her outstanding warrant. I don’t get that at all…doesn’t it seem to be more important to find the location of the possible crime committed against her, in order to gather any potential evidence? Couldn’t locking her up in jail have waited a few hours while they did what they were supposed to do regarding investigating the rape?

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**Author:** ![C3](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/c3/32/3108_2.png) [@C3](https://boards.straightdope.com/u/C3)\
**Post date:** [February 1, 2007, 5:39pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/83 "2007-02-01T17:39:49Z")

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[QUOTE=Lissa]  
Not necessarily. They likely didn’t search her beforehand, so she may have had other pills on her person. Nor were they necessarily present during every part of her treament. They may not know whether she was given Plan B or not.  
[/QUOTE]

Don’t you think they probably should have found out? What the hell kind of detectives were these? “Yeah, you reported a rape, we took you to a rape crisis center. Now, all of a sudden, you’re trying to _claim_ that mysterious little pill you want to take is Plan B? Yeah, right, lock her up.” There is no way that this can be justified.

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**Author:** ![Lissa](https://avatars.discourse-cdn.com/v4/letter/l/85f322/32.png) [@Lissa](https://boards.straightdope.com/u/Lissa)\
**Post date:** [February 1, 2007, 6:01pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/84 "2007-02-01T18:01:28Z")

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[QUOTE=C3]  
Don’t you think they probably should have found out? What the hell kind of detectives were these? “Yeah, you reported a rape, we took you to a rape crisis center. Now, all of a sudden, you’re trying to _claim_ that mysterious little pill you want to take is Plan B? Yeah, right, lock her up.” There is no way that this can be justified.  
[/QUOTE]

It wouldn’t matter\*\* if [/B]policy forbids her from bringing in outside drugs. The prescribing doctor her/himself could have vouched\* for it, but if policy forbids her from taking it, _there’s nothing that can be done until the policy is changed._ Yeah, it seems reasonable to outsiders that policy should just be ignored in these kinds of cases, but people working in corrections learn very early that you ignore policy to your peril. The person who allowed it most likely would have been fired. You can’t have employees deciding on their own which rules they will follow-- not in an environment where people’s lives are at stake.

New officers are taught that they _must_ obey policy even if it seems to make no sense to them. I could tell you a hundred stories of times when officers decided to ignore little policies for what they felt was a legitimate reason and it ended up compromising security and being a massive problem.

As I said, policy is always in flux. Many times, officers have approached my husband and other higher-ups with suggestions or complaints about how something was not working. Their concerns are not ignored, however, sometimes it is determined that the policy is a good one despite a rare problem. Other times, policy is re-written from the ground up to address issues which have arisen.

- Let’s also not forget about privacy issues. The doctor may be forbidden from revealing whether they prescribed the drug unless the patient agrees to forgo confidentiality. There may need to be forms signed and whatnot. (I don’t know. Medical privacy is something I’m not overly familiar with.)

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**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\
**Post date:** [February 1, 2007, 6:16pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/85 "2007-02-01T18:16:30Z")

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[QUOTE=Lissa]  
It wouldn’t matter\*\* if [/B]policy forbids her from bringing in outside drugs. The prescribing doctor her/himself could have vouched\* for it, but if policy forbids her from taking it, _there’s nothing that can be done until the policy is changed._ Yeah, it seems reasonable to outsiders that policy should just be ignored in these kinds of cases, but people working in corrections learn very early that you ignore policy to your peril. The person who allowed it most likely would have been fired. You can’t have employees deciding on their own which rules they will follow-- not in an environment where people’s lives are at stake.

[/QUOTE]

If policy forbids a person from taking medication, then I have no faith in the people who are writing policy – and you shouldn’t either. It’s beyond stupid and is probably illegal, policy or not. Why are you defending something that is so blatantly idiotic? They didn’t just create the penal code last week! You don’t think this issue has come up thousands of times over the years? I’d like to see a cite on a policy that forbids a jailed suspect from taking medication. I’d also like to see how the issue is handled when someone comes in and says they need to take their meds.

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**Author:** ![saoirse](https://avatars.discourse-cdn.com/v4/letter/s/5daacb/32.png) [@saoirse](https://boards.straightdope.com/u/saoirse)\
**Post date:** [February 1, 2007, 6:31pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/86 "2007-02-01T18:31:05Z")

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[QUOTE=Sarahfeena]  
You know, I just hashed this out for multiple pages in GD, and I think I made my points pretty clear over there. This is really not germaine to this thread. I answered a few questions **Kalhoun** had, because she had brought up the pharmacist thread, but I think I’ll leave it at that.  
[/QUOTE]

Do you have a cite for this? I didn’t see this question answered in that GD thread.

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**Author:** ![Sarahfeena](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sarahfeena/32/519_2.png) [@Sarahfeena](https://boards.straightdope.com/u/Sarahfeena)\
**Post date:** [February 1, 2007, 6:41pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/87 "2007-02-01T18:41:04Z")

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[QUOTE=saoirse]  
Do you have a cite for this? I didn’t see this question answered in that GD thread.  
[/QUOTE]  
True that the specific question about Ritalin was not asked, but distinctions were made between medical judgments and moral objections, which I think is what **DianaG’s** question was getting at.

More to the point, the reason I was discussing the pharmacist issue with **Kalhoun** in this thread was to express my opinion that the position of the pharmacist and the position of the jail guard are not the same thing, which is relevant to this thread.

Any further discussion about what I or anyone thinks about what the obligations of the pharmacist are is really much more relevant to the other thread, and represents a hijacking of this thread. If I answer the specific question about Ritalin, it would surely lead to a multiple-post if not multiple-page hijacking of this thread, which would no doubt cover much of the territory of the GD thread…so I didn’t see the need to go down that path here.

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**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\
**Post date:** [February 1, 2007, 6:45pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/88 "2007-02-01T18:45:44Z")

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Another glowing example of intelligence in law enforcement:

[http://www.thekansascitychannel.com/news/10889747/detail.html](http://www.thekansascitychannel.com/news/10889747/detail.html)

> [@](#):
>
> The officers stopped Salva after they saw her affixing a fake temporary tag on the back windshield of her car.
> 
> After the officers tell her why she was arrested, Salva is seen telling the officers she is having a miscarriage and is bleeding.
> 
> “Do you want to check me?” Salva asks on the tape. “I’m bleeding. I have a 3-month baby inside.”
> 
> Schnell, who has worked for the department for less than two years, walks away from the car and tells his partner: “She just gave me a line of excuses. She said she’s bleeding. She said you can check her.”
> 
> Salva said: “I’m three months pregnant and I’m bleeding.”
> 
> Spencer, a four-year veteran, replied: “OK. Why are you driving to the store and then putting a fake temporary tag in your car?”
> 
> “I took it because I want to go to the hospital,” Salva said.
> 
> The officers made Salva sit on the curb as they searched her car, purse and grocery sacks.
> 
> Salva again tells the officers that she is bleeding and asks them to check her underwear and says she wants to go to the hospital.
> 
> “Well,” Spencer said, “that will be something you can take care of when we get done with you.”
> 
> After a drawn-out process to get Salva’s identifying information, Salva is clearly upset.
> 
> “I have a baby in my stomach and I’m bleeding and I open my underwear for you to see.”
> 
> “Stay seated!” Schnell yelled.
> 
> “If I die here, will you take care of me?” Salva said. “If I die here?”
> 
> “Fair enough,” Schnell said.

What the fuck is wrong with these assholes?

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**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\
**Post date:** [February 1, 2007, 6:49pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/89 "2007-02-01T18:49:54Z")

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[QUOTE=Sarahfeena]  
True that the specific question about Ritalin was not asked, but distinctions were made between medical judgments and moral objections, which I think is what **DianaG’s** question was getting at.

More to the point, the reason I was discussing the pharmacist issue with **Kalhoun** in this thread was to express my opinion that the position of the pharmacist and the position of the jail guard are not the same thing, which is relevant to this thread.

Any further discussion about what I or anyone thinks about what the obligations of the pharmacist are is really much more relevant to the other thread, and represents a hijacking of this thread. If I answer the specific question about Ritalin, it would surely lead to a multiple-post if not multiple-page hijacking of this thread, which would no doubt cover much of the territory of the GD thread…so I didn’t see the need to go down that path here.  
[/QUOTE]

**Saoirse** , I acknowledged that my question was a bit of a hijack and possibly could have been better suited for the other thread, as well. In retrospect, I think I was wrong to post it here, though there is a bit of an overlap. Maybe we should revive the other one.

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**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\
**Post date:** [February 1, 2007, 6:59pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/90 "2007-02-01T18:59:29Z")

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[QUOTE=Lissa]  
If you’ll notice, I’ve said “some” and “many” quite a few times in my posts. I am fully aware (and have stated) that procedures vary. I know this because my husband was Deputy Warden of Special Services in a state prison (which is head of the medical department) and had the opprotunity to study how other institutions deal with these issues. (He even testified before a House sub-committee about it at one point.) He has also consulted for jails and juvenile detention facilites on revising their policies.  
[/quote]

You know what? I until this very day never had a problem with your “my husband was Deputy Warden and that’s why I have to weigh in authoritatively in every corrections-related thread” until this very minute. In fact, I defending you in the Pit thread in which you were attacked for doing just this. But you are speaking with great authority about an area where your knowledge appears to be at best second hand. Worse, you are making overly broad statements (so overly broad as to be in many cases incorrect), misstating the law, and failing to take into account the fact that (a) this is a jail, not a prison and (b) the woman is a pre-trial detainee, not a convicted prisoner.

You are actually arguing _against_ the exercise of independent judgment, even to the extent of asking for help or calling your supervisor, which is frankly an incredibly stupid point of view in _any_ profession, in _every_ profession. You would allow a person to choke to death in anyphalactic shock rather than hit him with an epi pen because, hey! Maybe he’s not choking! Maybe he’s seizing! And maybe I don’t know the difference! Again, the legal standard to be met is _deliberate indifference_, so if you TRY, you’re probably okay. If you stand there and DO NOTHING, you almost certainly are not. If you GIVE THE PERSON THE MEDS (ONE DOSE) you are probably okay, but if you WITHHOLD THEM, you may not be. If they _needed_ them, and you _knew_ they needed them, and you _withheld_ them, you are arguably deliberately indifferent to their serious medical needs. And that is not a mere negligece action, my friend, that is a federal lawsuit for violationg the inmate’s Constitutional rights.

So I am not going to spend any more time doing a line-by-line refutation of your defense of abstract prison policy based on your incomplete knowledge of what occurs and should occur in an area that is not your field. I will say that you are defending the sort of slavish and brainless performance that I spend a great deal of time trying to train out of people. Clearly there is much work left to be done.

> [@](#):
>
> There have been, though, a couple of cases where the courts have ruled that they must.

Well, you appear to be the expert in this area, so why don’t you research that and let us all know.

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**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\
**Post date:** [February 1, 2007, 7:02pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/91 "2007-02-01T19:02:52Z")

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(Psst! Why is Jodi whispering? I can’t hear her!)

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**Author:** ![C3](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/c3/32/3108_2.png) [@C3](https://boards.straightdope.com/u/C3)\
**Post date:** [February 1, 2007, 7:03pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/92 "2007-02-01T19:03:14Z")

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She’s speechless.

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**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\
**Post date:** [February 1, 2007, 7:03pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/93 "2007-02-01T19:03:30Z")

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WTF? Damn hampsters!

[QUOTE=Lissa]  
I am fully aware (and have stated) that procedures vary. I know this because my husband was Deputy Warden of Special Services in a state prison (which is head of the medical department) and had the opprotunity to study how other institutions deal with these issues. (He even testified before a House sub-committee about it at one point.) He has also consulted for jails and juvenile detention facilites on revising their policies.  
[/quote]

You know what? I until this very day never had a problem with your “my husband was Deputy Warden and that’s why I have to weigh in authoritatively in every corrections-related thread” until this very minute. In fact, I defended you in the Pit thread in which you were attacked for doing just this. But you are speaking with great authority about an area where your knowledge appears to be at best second hand. Worse, you are making overly broad statements (so overly broad as to be in many cases incorrect), misstating the law, and failing to take into account the fact that (a) this is a jail, not a prison and (b) the woman is a pre-trial detainee, not a convicted prisoner.

You are actually arguing _against_ the exercise of independent judgment, even to the extent of asking for help or calling your supervisor, which is frankly an incredibly stupid point of view in _any_ profession, in _every_ profession. You would allow a person to choke to death in anyphalactic shock rather than hit him with an epi pen because, hey! Maybe he’s not choking! Maybe he’s seizing! And maybe I don’t know the difference! Again, the legal standard to be met is _deliberate indifference_, so if you **try** , you’re probably okay. If you stand there and **do nothing** , you almost certainly are not. If you **give the person the meds (one dose)**, you are probably okay, but if you **withhold them** and something bad happens, you almost certainly are not. If they _needed_ them, and you _knew_ they needed them, and you _withheld_ them, you are arguably deliberately indifferent to their serious medical needs. And that is not a mere negligence action, my friend, that is a federal lawsuit for violating the inmate’s Constitutional rights.

So I am not going to spend any more time doing a line-by-line refutation of your defense of abstract prison policy based on your incomplete knowledge of what occurs and should occur in an area that is not your field. I will say that you are defending the sort of slavish and brainless performance that I spend a great deal of time trying to train out of people. Clearly there is much work left to be done.

> [@](#):
>
> There have been, though, a couple of cases where the courts have ruled that they must.

Well, you appear to be the expert in this area, so why don’t you research that and let us all know.

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**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\
**Post date:** [February 1, 2007, 7:03pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/94 "2007-02-01T19:03:57Z")

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A low talker.

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**Author:** ![Lissa](https://avatars.discourse-cdn.com/v4/letter/l/85f322/32.png) [@Lissa](https://boards.straightdope.com/u/Lissa)\
**Post date:** [February 1, 2007, 7:56pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/95 "2007-02-01T19:56:37Z")

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[QUOTE=Kalhoun]  
If policy forbids a person from taking medication, then I have no faith in the people who are writing policy – and you shouldn’t either.  
[/quote]

I have explained the reasons why such policies exist, and they are often sound ones, regardless of whether you agree or not. Inmates are wards of the states and thus the detention facility is responsible for them.

> [@](#):
>
> It’s beyond stupid and is probably illegal, policy or not.

Stupid is debatable, legal really isn’t. Policies are challenged again and again in court and most facilities have a legal department which vets policy to make sure that it is within legal guidelines. A policy which violated inmate’s legal rights wouldn’t stand for long.

> [@](#):
>
> Why are you defending something that is so blatantly idiotic?

I’m trying to explain what sort of policies exist at some facilities and why. Sometimes, I personally disagree with them, but that’s not what is at issue. The issues is that apparently, some policy exists at this facility which forbids the inmates from having drugs they brought in from the outside and he drug she needed was not on the approved list. I’m trying to explain why this might be.

> [@](#):
>
> They didn’t just create the penal code last week! You don’t think this issue has come up thousands of times over the years? I’d like to see a cite on a policy that forbids a jailed suspect from taking medication. I’d also like to see how the issue is handled when someone comes in and says they need to take their meds.

[Here](http://www.spartanburgcountyjail.org/intake.htm#VI.%20%20MEDICATIONS) is an example of one jail’s policy:

> [@](#):
>
> If you take medications, you should alert the staff at the time that you are processed into the jail. If you have the medications on your person, they will be removed and properly secured. If you need them, they will be given to you as ordered on the prescription label \*\*unless otherwise changed; substituted; or denied by the jail’s physician. \*\*

(Bolding and underlining in original.)

[Here](http://consensusproject.org/the_report/toc/ch-III/ps13-intake-detention??) is a page which desribes some general jail guidelines on medications:

> [@](#):
>
> Inmates are usually prohibited from bringing their own medications into jail. Owing to formulary restrictions, prohibitive costs, limited inventories, or a combination of these factors, however, correctional health officials are often unable to fill a prescription prepared by a doctor outside the facility.

[QUOTE=Jodi]  
You know what? I until this very day never had a problem with your “my husband was Deputy Warden and that’s why I have to weigh in authoritatively in every corrections-related thread” until this very minute. In fact, I defended you in the Pit thread in which you were attacked for doing just this. But you are speaking with great authority about an area where your knowledge appears to be at best second hand. Worse, you are making overly broad statements (so overly broad as to be in many cases incorrect), misstating the law, and failing to take into account the fact that (a) this is a jail, not a prison and (b) the woman is a pre-trial detainee, not a convicted prisoner.  
[/quote]

Yes, I am making broad statements. That is because policy varies so widely, it is almost impossible to make a definitive statement about that jail without actually reading their policy manual. What I am doing is giving examples of policies I have seen and trying to explain why they exist.

I have said (about five times by my count) that policies vary but correctional facilities all face similar issues and thus many of their policies have a similar basis. From that standpoint, I am trying to explain why they\* might\* exist at this particular facility.

> [@](#):
>
> You are actually arguing _against_ the exercise of independent judgment, even to the extent of asking for help or calling your supervisor, which is frankly an incredibly stupid point of view in _any_ profession, in _every_ profession.

Apparently, you missed the part where I said the first thing this employee probably did was to call her supervisor, who in turn, called their supervisor and so forth. All of them had their hands tied by policy and none of them had the authority to decide to ignore it without facing sanctions. I fully support the notion of bringing these things to the attention of the appropriate people, however, I understand that sometimes they cannot take immediate action to change things.

And, yes, you’re right, that I am arguing against independant judgement in some respects. Policy exists for a reason and you can’t trust that people will always make the right decisions. In another setting, this wouldn’t necessarily be that big of a deal but in a correctional facility, you’re dealing with\* lives.\* No, I don’t want an officer making decisions of whether someone needs a medication or not. No, I don’t want to set the officer up for allegations of racism or discrimination. It’s in the officer’s best interest that they don’t have discretion because it protects them from the consequences. Instead, they should refer the situation to the appropriate authorites who will make the decision.

[Here](http://rds.yahoo.com/_ylt=A0oGknBBP8JFrIIAtuRXNyoA;_ylu=X3oDMTB2OWM1MXQ5BGNvbG8DdwRsA1dTMQRwb3MDNARzZWMDc3IEdnRpZAM-/SIG=13jr1a5ll/EXP=1170444481/**http%3a//www.state.nd.us/docr/central_office/POLICIES/Richland_Co_%2520policies/7%2520MEDICAL.doc) is an example of a jail’s medical emergency policy. Staff may administer first aid, but must call for medical help. I am not aware whether administering an epi pen is covered under this jails first aid policy, but it’s important to note that the epi pen can cause serious complications in people with heart disease and it’s probably better to wait for the medical staff to arrive.

> [@](#):
>
> If you stand there and **do nothing** , you almost certainly are not.

They’re not “doing nothing” if they’ve called for assistance.

> [@](#):
>
> If you **give the person the meds (one dose)**, you are probably okay, but if you **withhold them** and something bad happens, you almost certainly are not. If they _needed_ them, and you _knew_ they needed them, and you _withheld_ them, you are arguably deliberately indifferent to their serious medical needs. And that is not a mere negligence action, my friend, that is a federal lawsuit for violating the inmate’s Constitutional rights.

That’s assuming a hell of a lot. It’s assuming that the staff, who may have never seen this inmate before, knows that the person has allergies and that they have an epi pen handy. It also assumes that they’re trained in the use of it and that they recognized the symptoms of an allerigic reaction and diagnosed it correctly.

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**Author:** ![Sarahfeena](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sarahfeena/32/519_2.png) [@Sarahfeena](https://boards.straightdope.com/u/Sarahfeena)\
**Post date:** [February 1, 2007, 8:03pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/96 "2007-02-01T20:03:15Z")

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[QUOTE=Kalhoun]  
**Saoirse** , I acknowledged that my question was a bit of a hijack and possibly could have been better suited for the other thread, as well. In retrospect, I think I was wrong to post it here, though there is a bit of an overlap. Maybe we should revive the other one.  
[/QUOTE]  
I hope no one thinks that I am being holier-than-thou about hijacking threads…I am just as guilty as anyone in that regard. It’s just that in this case, I spent several days going over all the possible nuances in the pharmacist thread, and really can’t face the idea of covering such similar territory all over again. And as **Kalhoun** says, there seems to be no point in hijacking this thread when there is a perfectly good existing thread where that discussion could move to, if people are interested in the subject.

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**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\
**Post date:** [February 1, 2007, 8:29pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/97 "2007-02-01T20:29:49Z")

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**Lissa,** the squib you cut from your site left out the important part:

> [@](#):
>
> VI. MEDICATIONS
> 
> If you take medications, you should alert the staff at the time that you are processed into the jail. If you have the medications on your person, they will be removed and properly secured. If you need them, they will be given to you as ordered on the prescription label unless otherwise changed; substituted; or denied by the jail’s physician. \*\*The jail’s staff has a responsibility to help ensure your health while maintaining internal order, discipline, and security. In the event that you have medicines which are mixed together, not labeled properly, in out-of-date prescription bottles, or issued as a prescription under someone else’s name, the medication may not be given to you until it can be confirmed that the medication was approved for your use and has been approved for your continued use by the jail’s pharmacist and physician pursuant to applicable state law. \*\* In addition, should you be under the influence of alcohol and/or other intoxicants, you will not be given your medications until the medical staff can verify that providing them to you will not further endanger your health or safety. In the event that such medications are not approved, they will be returned to the person delivering them to the jail and/or to you upon your release. These procedures are necessary to help the jail staff maintain security and to help protect your health and well-being. \*\*Should you remain in jail, the medical staff will follow-up and ensure that you receive adequate and reasonable attention to any health concerns that you may have following a review and assessment of your medical needs by the jail’s physician. \*\* The jail’s physician is the primary medical authority for all persons so detained in the jail. \*\*Nothing contained herein, precludes the jail’s physician from substituting any or all courses of treatment, including the substitution of prescribed medications; the denial or discontinuation of such medications; and/or other treatments as he deems medically appropriate based on his medical training; education; and experience. \*\* (Clarification as to the jail physician’s authority and what is adequate and reasonable “follow-up care” was added 12/4/06 as a result of a mother’s complaint that her son’s medications had been changed and discontinued by the jail physician. This authority is no different than such person/patient on the outside going from one physician to another physician with the latter changing the first physician’s course of treatment including the addition or removal of medications as the new attending doctor deems appropriate based on his training and experience.

This woman had no timely review of her health concerns and medication, or if she did, they did not take her best interest into consideration. There is no indication that what transpired was appropriate based on a doctor’s “training and experience.”

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**Author:** ![Lissa](https://avatars.discourse-cdn.com/v4/letter/l/85f322/32.png) [@Lissa](https://boards.straightdope.com/u/Lissa)\
**Post date:** [February 1, 2007, 9:12pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/98 "2007-02-01T21:12:02Z")

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[QUOTE=Kalhoun]  
This woman had no timely review of her health concerns and medication, or if she did, they did not take her best interest into consideration. There is no indication that what transpired was appropriate based on a doctor’s “training and experience.”  
[/QUOTE]

“Timely” is something that varies a bit as well. Some jails have an immediate medical review on admission and some schedule a later time. The point of this is that her medical situation was not “urgent” in the sense of life-threatening, so it _could be_ that policy dictated that persons without an emergency would be seen by the doctor within a few days of admittance. Again, it’s all a matter of policy. Many people’s opinion would be that emercency contraception is, well, an _emergency_, but the doctor may be swamped with other inmates more serious complaints.

But this is all imaterial if the jail had a policy of not allowing inmates to take their own medications and Plan B was not a part of their formulary. At that point, there would be nothing that they could do.

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**Author:** ![Kalhoun](https://avatars.discourse-cdn.com/v4/letter/k/3bc359/32.png) [@Kalhoun](https://boards.straightdope.com/u/Kalhoun)\
**Post date:** [February 1, 2007, 9:47pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/99 "2007-02-01T21:47:59Z")

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[QUOTE=Lissa]  
“Timely” is something that varies a bit as well. Some jails have an immediate medical review on admission and some schedule a later time. The point of this is that her medical situation was not “urgent” in the sense of life-threatening, so it _could be_ that policy dictated that persons without an emergency would be seen by the doctor within a few days of admittance. Again, it’s all a matter of policy. Many people’s opinion would be that emercency contraception is, well, an _emergency_, but the doctor may be swamped with other inmates more serious complaints.

But this is all imaterial if the jail had a policy of not allowing inmates to take their own medications and Plan B was not a part of their formulary. At that point, there would be nothing that they could do.  
[/QUOTE]

Timely may very well vary from case to case, which is precisely the point. A timely response would be one that would render “adequate care.” Their response was inadequate and the repercussions could indeed be life-threatening _even if they don’t believe that_. This isn’t rocket science. If it’s a situation they’ve never seen before, \*they’re seeing it now \* and need to use common sense coupled with a genuine desire to do the right thing. If they don’t get that, they should get a less people-oriented job.

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**Author:** ![gigi](https://avatars.discourse-cdn.com/v4/letter/g/a587f6/32.png) [@gigi](https://boards.straightdope.com/u/gigi)\
**Post date:** [February 1, 2007, 10:14pm UTC](https://boards.straightdope.com/t/rape-victim-arrested-refused-morning-after-pill/390261/100 "2007-02-01T22:14:45Z")

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[QUOTE=Menocchio]  
But I’m wrong. I don’t understand the pro-life position, because the pro-life position is fundamentally stupid. An unimplanted embryo isn’t anything. It’s a microscopic bag of nucleic acids and proteins, and will never become anything else. It isn’t a person. It isn’t a potential person. It’s a few cells. It has no more moral status than any random cell on my body, and arguably less, since my cells are components of a sentient being. And there’s a huge difference between \*ending \*a pregnancy and never starting one to begin with.  
[/QUOTE]  
How about thinking of it in terms of not messing around with natural processes having to do with fertility? Does that make it more consistent, and less stupid?

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